Download Zipped Introduced WP 6.1 HB0328.ZIP 6,048 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
5 AN ACT RELATING TO THE CRIMINAL CODE; REMOVING CRIMINAL SANCTIONS
6 FOR A PUBLIC OFFICIAL'S FAILURE TO TAKE THE OATH OF OFFICE AND
7 EXECUTE THE BOND; AND PROVIDING A CIVIL REMEDY.
8 This act affects sections of Utah Code Annotated 1953 as follows:
10 76-8-203, as last amended by Chapter 79, Laws of Utah 1996
12 76-8-204, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 76-8-203 is amended to read:
15 76-8-203. Unofficial misconduct.
16 (1) A person is guilty of unofficial misconduct if he [
21 has not been elected or appointed to that office;
23 successor has been elected or appointed and has qualified, or after his office has been legally
24 removed; or
26 entitled to the official seal or any records, papers, documents, or other writings appertaining or
27 belonging to his office or mutilates or destroys or takes away the same.
1 (2) Unofficial misconduct is a class B misdemeanor.
2 Section 2. Section 76-8-204 is enacted to read:
3 76-8-204. Action regarding incomplete qualification for office.
4 If any elected or appointed official has failed to take, and file, the required oath of office,
5 or has failed to execute and file the bond required for that office, a voter within that official's
6 district may:
7 (1) deliver to the official a written notice of the failure to fulfill the requirements; and
8 (2) if the official has not completed the requirements within 30 days after receipt of the
9 written notice required under Subsection (1), the voter may file a writ of mandamus against the
Legislative Review Note
as of 1-23-98 3:32 PM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
[Bill Documents][Bills Directory]